Office of the Secretary October 20, 2016 – Federal Register Recent Federal Regulation Documents

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-130, notice is hereby given that the Office of the Secretary of Defense proposes to alter a system of records, DAU 06, entitled ``Defense Acquisition University Mailing Lists.'' Data is used by DAU to provide a mailing list for the distribution of the Defense AT&L Magazine and Defense Acquisition Research Journal. This update reflects considerable administrative changes that in sum warrant an alteration to the systems of records notice. The applicable DoD Routine Uses have been incorporated in the notice to provide clarity for the public. Additionally, the categories system name, system location, category of individuals and records, the authorities, purpose, storage, retrievability, safeguards, retention and disposal, system manager address, notification and record access procedures, and the record source categories.

Pursuant to Section 9(a)(2) of the Federal Advisory Committee Act (FACA), and in accordance with Title 41, Code of Federal Regulations, Section 102-3.65, and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the ACAT will be established for a 2-year period. It is the policy of the U.S. Department of Transportation to foster the safe deployment of advanced automated and connected vehicle technologies to achieve national goals while also understanding the long term societal and ethical impacts that these technological advancements may impose. Within that context, the objective of this committee is to provide information, advice, and recommendations to the U.S. Secretary of Transportation on cross-modal matters relating to the development and deployment of automated vehicles and assess the state of Departmental research, policy and regulatory support within this framework. The committee may convene and determine topics and is assembled around subject areas related to transportation aspects including the safety, mobility, environmental sustainability, maintaining state of good repair, human impact, data use and cybersecurity. The ACAT shall undertake information gathering activities, develop technical advice, and present recommendations to the Secretary to further inform this policy, includingbut not limited toaviation automated navigation systems technologies, unmanned aircraft systems, automated and connected road and transit vehicle technologies, enhanced freight movement technologies, railroad automated technologies, and advanced technology deployment in surface transportation environments. In particular, the ACAT will perform these activities as they may relate to emerging or ``not-yet-conceived'' innovations to ensure DOT is prepared when disruptive technologies emerge and can better manage long term evolution of training and education, regulation, and safety oversight. The ACAT shall consider these topics and areas of application as they alleviate or exacerbate challenges to disabled and disadvantaged populations. Additionally, the establishment of the ACAT is necessary for the Department to carry out its mission and in the public interest. The Committee will operate in accordance with the provisions of the Federal Advisory Committee Act and the rules and regulations issued in implementation of that Act. This notice also requests nominations for members of the Committee to ensure a wide range of member candidates and a balanced committee. The Under Secretary for Transportation may also make nominations to the Secretary to ensure balance on the committee.

This final rule removes Department of Defense (DoD) Subchapter R concerning organizational charters. The rules in this subchapter address DoD organizational processes for Assistant Secretary of Defense for Reserve Affairs (ASD(RA)), Defense Finance and Accounting Service (DFAS), Defense Commissary Agency (DeCA), and Defense Legal Services Agency (DLSA). It has been determined that there is no need to codify the rules in the Code of Federal Regulations (CFR) because these documents will not create a mandate applicable to persons outside of the DoD.

This final rule removes DoD's regulation concerning sale or rental of sexually explicit material on Department of Defense (DoD) property. The codified rule does not impose any duty or obligation on the public that is not already imposed by statute. The rule paraphrases and does not substantially deviate from 10 U.S.C. 2495b, which establishes the prohibition on selling or renting sexually explicit material on DoD property. Also, the codified rule delegates internal authorities and establishes procedures for administering the statute, neither of which have public impact. Consequently, Federal Register rulemaking is not necessary under the Administrative Procedure Act.

The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security (DHS)/U.S. Customs and Border Protection (CBP)-023 Border Patrol Enforcement Records (BPER) System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.